Neeru:
Please check out this link for complete information as well.
http://www.usvisanews.com/memo1536.html
The text is follows:
What are Wednesday Questions for if not a good forum to answer questions from visitors to our site that would also benefit on-line readers, enhance understanding in readers about deeper aspects of immigration procedures they've been (or will be involved with), and (once in a while) to spark a good intellectual cha-cha between attorneys and out frequent visitors?
Such has been the case with the issue of the use of advance parole and/or employment authorization documents during the adjustment of status phase of the permanent residency process. So HOW does it all come together?
THE FIRST DANCE:
September 19, 2001 -- The little curly-headed girl with the big ears approaches the dance floor... Oh wait, wrong scenario! Ahem! Again...
THE FIRST DANCE:
September 19, 2001 -- We posted the following question and answer on the Wednesday Questions section of our website:
QUESTION: I am a regular visitor of your web site. I hold an H1B visa and I also have filed my I-485 adjustment to permanent resident status. I have to travel out of the country next week but because of the tragedy last week, I am afraid of being denied my H-1B visa application at the US consulate overseas. I do have an advance parole re-entry permit, but I heard that if I use it, I would lose my H-1B status and it might also affect my green card application adversely. Is that true? If it is how would it affect my green card application?
ANSWER: First, out strong suggestion to you and all persons in the U.S. who are not yet lawful permanent residents is that you not travel abroad right now unless you absolutely have to. To answer your general questions, H-1B status would be lost by using your advance parole re-entry permit. However, due to the recent events and the potential for tighter restrictions to be placed on entry (and re-entry) to the U.S., there is also no guarantee that you will be re-admitted immediately, regardless of whether you base your request for re-entry on your H-1B or on your advance parole. Moreover, if you are required to stay abroad for a lengthy time due to any restrictions imposed (and, for example, your advance parole expires) this may affect your eligibility to adjust status in the U.S.
A clever reader (who may be a good dancer, though we really don't know) then e-mails us, informing us of the fact that he/she had heard that use of advance parole does not extinguish the validity of an H-1B approval.
Thus, we take this reader by the hand, lead them in a trotting circle around the floor, quickly apologizing for stepping on their toes, and so we print the following retraction:
[09/28/01] A faithful U.S. Visa News reader discovered an error in the 09/19/01 Wednesday Questions question 1. As this reader realized, H-1B status is NOT lost by using an advance parole re-entry permit. It would, however, be lost by use of an employment authorization document. We apologize for the error! Thank you for your faithfulness!
We also made the relevant correction to the Wednesday Question itself, by inserting "not," and then the song ended and we danced off to meet our next partner. What we SHOULD have done was remained on the subject a little longer to explain the details and case scenarios and end further questions, such as those that followed this week when a reader asked us to explain how the preceding could be correct in light of the following question and answer from last week's Wednesday Questions (11/14/01):
QUESTION: From reading your Wednesday Questions I learned that for an H-1B holder, using an EAD card to work while their green card is at the I-485 adjustment stage loses the benefit that they would otherwise enjoy of not having to obtain advance parole to travel while holding H-1B status?
ANSWER: We have been getting lots of questions concerning this issue in the past few weeks. It seems to be confusing an awful lot of people. We will try to set the record straight.
First of all, if an individual has valid H-1B status and a valid EAD card, that individual automatically loses their H-1B status if they use their EAD card to work for another employer. In that situation, the person MUST obtain advanced parole in order to travel abroad while their adjustment is pending. If the person has the EAD card but it is not used to work for a third employer:
- the person keeps working for the H-1B sponsor on the H-1B visa
- the person continues to be in H-1B status and they may use their valid visa stamp to travel.
If a person has a valid H-1B, a valid EAD card, and a valid advanced parole travel document but they do not use their EAD card to work for a second company, their status upon re-entry depends on which document they present when they arrive back to the United States. If they present the advanced parole and the officer stamps the I-94 card as an "adjustee" or "parolee," then they are no longer in H-1B status. If the person presents the H-1B visa stamp and the officer stamps the I-94 card with the H-1B designation, they will remain in H-1B status. Of course, as stated above, if they later use that EAD card to work for a different employer, they lose the H-1B status."
SO, FINALLY, AND LONG OVERDUE, MAY WE HAVE THIS DANCE?
We probably described it best so far in our November 14th posting, but we will build on it now.
First, an H-1 (or L-1) non-immigrant who uses their employment authorization document has extinguished their H-1B status. They now hold "adjustee" status and can't use the previous H-1B approval to re-enter after travel abroad, to file for an extension, nor for any other purpose.
However, in relation to advance parole, the H-1B is more like a good pair of cha-cha shoes that you can take on and off.
Suppose an H-1B holder leaves the U.S. in H-1B status and returns in H-1B status during their adjustment. As you probably are well aware, this person does not need advance parole and re-enters in the same shape they left -- cha-cha shoes on the whole time.
But now suppose the H-1B holder leaves the U.S. during their authorized stay in H-1B status but with both their documentation of their H-1B approval AND advance parole travel document in hand. What status do THEY re-enter in? It depends on which items they provide at the port of entry. IF they evidence their H-1B status to the official, then the cha-cha shoes stay on and they re-enter in H-1B status. In contrast, if it is the travel document that they put forth, then they re-enter in "adjustee" status and will not hold H-1B status in the U.S. (They have taken the shoes off!)
The next logical question is "WHAT HAPPENED TO THE SHOES?!?!" Where are they? Are they lost forever? Is an official at the port of entry wearing a new pair of shoes and trotting around doing the cha-cha?
The answer, and point of confusion based on out much earlier short statement that the status was not "lost" is that the shoes are NOT gone forever. HOWEVER, they ARE in an imaginary locker at the port of entry.
The person who enters as an adjustee DOES NOT hold H-1B status. They will now need advance parole to travel and their employment must be based on a valid employment authorization document because the H-1B status is no longer active. HOWEVER, if there is still time remaining on their valid H-1B approval, they can return to the port of entry during the validity and reclaim their H-1B cha-cha shoes by making a proper entry in H-1B status.
Hopefully this clarifies the choreography. And off we go...step, twist, move to the next shoe-print emblem on the dance floor...
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